Cramer v. Bradshaw

Per Curiam.

The words in the bill of sale, “ being of sound wind and limb, and free from all disease,” arc an averment of a fact, and import an agreement to that effect. The words were not used as a mere description of the slave; they amount to an express, not an implied, covenant; to a warranty of the soundness of tlfe slave. The plaintiff is, therefore, entitled to judgment.

Judgment for the plaintiff